The public will have 30 days to comment on proposed rulemaking, the deadline is March 30, 2022. The proposal follows the Department of Health and Human Services' 2019 rule that allowed federal executive branch agencies to use oral fluid specimens as part of the drug testing. Although the rule went into effect on Jan. 1, 2020, each agency is required to go through its own rulemaking process.

Monday's notice of proposed rulemaking marks the beginning of that process for the Department of Transportation. The proposal gives employers greater ability to ensure the safety of the traveling public with helping to combat cheating on "urine" drug tests as well as providing less invasive testing methods.

It should be noted DOT is not suggesting that employers use oral fluid testing instead of "urine" testing or for every test reason (i.e. pre-employment, random, etc.) instead this proposed rule change offers employers the flexibility of when they collect samples and where testing can be performed. In addition there are different windows of detection that could be considered by employers as to which testing method is best utilized.

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SOURCE: Federal Register

Posted: March 2, 2022